Please check with your lawyer before publishing and making use of the below template
[YOURBUSINESSNAME] reaches out to social media users to seek their permission to feature our favorite content on our various sites, social channels, and various promotional materials. You are reading this because [YOURBUSINESSNAME] has requested your permission to use your social content in this way.
[YOURSOCIALMEDIAMANAGEMENTPLATFORMNAME] provides social content management services to [YOURBUSINESSNAME] in connection with [YOURBUSINESSNAME]’s product feature, marketing, promotional, advertising and other customer related activities (“[YOURBUSINESSNAME] Services”). On behalf of [YOURBUSINESSNAME], [YOURSOCIALMEDIAMANAGEMENTPLATFORMNAME] facilitates the collection and uploading to the [YOURBUSINESSNAME] website (www.[YOURBUSINESSNAME].com and others)(the “Site”), social media channels, promotional materials and other digital properties (“[YOURBUSINESSNAME] Properties”) of photos, text, graphics, audio, video, location information, comments and other materials from social media sites that users have tagged or permitted others to tag with [YOURBUSINESSNAME]-related hashtags or geo-location tags (“User Content”) for use by [YOURBUSINESSNAME] in connection with its business, including the [YOURBUSINESSNAME] Services.
USER CONTENT LICENSE
You hereby grant to [YOURSOCIALMEDIAMANAGEMENTPLATFORMNAME] and to [YOURBUSINESSNAME] and their related companies, and all of their respective agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever.
You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your User Content.
You hereby agree and represent and warrant that (i) you are solely responsible for your User Content, (ii) you own all rights in and to your User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content, (iii) you are not a minor, (iv) the Licensed Parties’ use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.
You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.
The Licensed Parties reserve the right to remove any User Content from the Site and the [YOURBUSINESSNAME] Properties. If you believe any content, including User Content, residing on the Site or on the [YOURBUSINESSNAME] Properties or displayed or used in connection with the [YOURBUSINESSNAME] Services infringes any person’s or entity’s copyright rights, please refer to the [YOURBUSINESSNAME] Copyright Policy: www.[YOURBUSINESSNAME].com/terms/copyright_policy.
You certify that you are at least 18 years of age.
INTELLECTUAL PROPERTY RIGHTS
[YOURBUSINESSNAME] owns all rights in or are licensed to use the [YOURBUSINESSNAME] Properties and the [YOURBUSINESSNAME] Content, which may be protected by copyright, trademark and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of [YOURBUSINESSNAME] by authorizing use of your User Content or otherwise using or accessing the Site, the [YOURBUSINESSNAME] Services or the [YOURBUSINESSNAME] Properties.
This template and its information are not intended to convey or constitute legal advice. Please consult a lawyer or an attorney when creating a contract to ensure it is uniquely suited to your business needs. eDigital shall not be liable and shall be held harmless for any errors, omissions contained in this template. You may rely on this contract template without consulting a lawyer or an attorney solely at your own risk.